Background of the Study
Road safety depends on how societies choose to manage transport systems, land use and urban development in relation to their overall health and safety objectives and how they are balanced with economic, social and environmental considerations.,
As of 2011, the country’s road system comprised about 215,000 km, of which about 15% were classified as national roads, thereby falling under the jurisdiction of the Department of Public Works and Highways (DPWH).
A total of 6,941 Filipinos died in 2010 as a result of road traffic crashes, and thousands more were injured or disabled. Users of motorcycles make up a large proportion of those killed on the road. Data in Metro Manila indicate that 34% of all fatal road crashes and 37% of non-fatal injuries from road traffic crashes involve motorcycles.
In 2014 alone, the Land Transportation Office reported a total of 483 injuries; 28 of these are caused by public utility buses. While the leading cause of road accidents is driver error, it cannot be denied that violation of traffic rules and regulations contributes to this factor.
In the same year, according to the statistics from the Land Transportation Office (LTO), vehicles registered with the LTO has a total 8.08 million. Based on data from the Philippine Statistics Authority (PSA), motorcycle-related injuries comprise 56% of the total identified transport incidents nationwide. This is no surprise since more than half of the vehicles nationwide are motorcycles with a total of almost 4.5 million.
According to the 2015 Census of Population, 90.88 Million (90%) of our 100.98 Million population constitute the riding public. The working age group that is most vulnerable to accidents are consists of people 15-64 years old. This people are usually students enrolled in the State Universities, University Belt (Manila); as well as economically independent employees working in well-known cities like Manila, Pasig and Quezon City. Within the group, those 20-24 years old are the most frequent victims of road crashes between 2006 and 2014, followed by 25-29 age group. Vulnerable road users include pedestrians and motorcyclists. They usually suffer the most severe injuries as a result of road traffic collisions, with continuing health problems and require more assistance than those who are inside a more than two-wheel vehicle.
Epifanio Delos Santos Avenue (EDSA) also named as the notorious road and as the longest and most-traveled thoroughfare in the Metro, the concentration of cars increases the odds that a collision can happen. The number of accidents on this road reached such a high that MMDA officials had it blessed by the Catholic Church in 2012.
Quirino Highway, this road sees a high volume of vehicles on a daily basis, given that it’s one of the access roads that lead out of Quezon City, cutting through Novaliches, parts of Bulacan, and the North Luzon Expressway Interchange.
Alabang-Zapote Road, as an access road out of Las Piñas and to the southern areas of the country, and because of its proximity to Metro Manila, it gets clogged up by people heading to and from the metro.
Recently, The MMDA previously established motorcycle lanes on Commonwealth Avenue in Quezon City which is dubbed as “killer highway” because of its high fatality count, the 18-lane thoroughfare is the home of reckless bus drivers, stubborn jaywalkers, and rash riders, basically creating the trifecta of a dangerous highway. Also, it’s important to point out that there are more passenger casualties that occurred here than driver or pedestrian accidents, with around 450 riders either injured or killed; as well as in the Macapagal Boulevard in the cities of Pasay and Parañaque. The fourth lane from the sidewalk was designated as the EDSA motorcycle lane or “blue lane” by MMDA Memorandum Circular No. 1 in 2012 to curb motorcycle-related accidents.
On the other hand, the above mentioned Memorandum Circular seems depriving on the side of Motorcycle Riders since they are the only one that will be penalized on the said violation. It seems biased and creates the question of “How about those more than two-wheel vehicle that will use the motorcycle lane? Are they free from any charges? “.
On the contrary, the proposed bill at hand will consider two pivotal concept.
First, the fact that Motorcyclists are also Taxpayers like those more than two-wheel vehicle rider and should enjoy their rights on the public roads. This act will provide a “just and fair concept”, by clarifying the equality between two-wheel and more than two-wheel riders on the National Roads.
Second, since the said Memorandum was only made through an Ordinance, its effect are only vested on specified cities. Its influence will be made possible through this Act since it will cover National Roads which are the Primary and Secondary Roads that will cover several places.
There are many reasons where accidents occur, listed below are the frequent instances:
Overtaking, which is the act of driving around another slower vehicle to get ahead of it. Collisions can occur when drivers miscalculate the distance and speed of oncoming vehicles.
Losing brakes is one of the most common causes of road accidents.
When a driver turns without signaling, other drivers may not be able to adjust their speed and direction quickly enough.
Some road accidents are also caused by an interplay of mechanical defects in the car and poor road conditions such as potholes and slippery road surfaces.
Every year, thousands of small children are injured by drivers who don’t look when backing up. Rear view and side mirrors may not show small children or animals near one’s car.
Drivers who are in a hurry, distracted, or sleepy are prone to accidents. Vehicle riders can cut the risk of severe injury and deaths from unexpected vehicle accidents which are becoming a public health epidemic in the Philippines. With an efficient transportation system, the government can lessen accidents by implementing a proper driver’s education program. The country can boost its economic configuration through discipline. To move people faster but also make sure they will safely reach their destinations free from any disturbance.
Introduced by Nazarra Christia R. Laurel
AN ACT
PROHIBITING AND PENALIZING LANE VIOLATORS
ON NATIONAL ROADS
Explanatory Note
The Philippine transport system relies heavily on the road network. The road network in the country plays a critical role and needs to be improved for both commerce and social movement of citizens.
There are still certain roads out there that require extra care when being navigated. Some of these roads are notorious for having high incidences of casualties, or incidences of vehicular collision. These national roads can be considered some of the most accident prone roads in the Philippines, requiring care and caution when navigating through them.
While there isn’t any law prohibiting lane splitting here in the Philippines, which is the act of driving a motorcycle between two lanes to get ahead in traffic, it’s best to avoid doing it.
Consequently, the government should focus on the improvement of rules and regulations on national roads. Maintenance of discipline will lead to economic development benefiting the states as a whole.
The approval of this Bill is expected to benefit both the commuters and motorists on national roads by providing an efficient and effective mass transit system.
Introduced by Nazarra Christia R. Laurel
AN ACT
PROHIBITING AND PENALIZING LANE VIOLATORS
ON NATIONAL ROAD
Section 1. Short Title. - This Act shall be known as the “Follow your Lane” Act of 2017.
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the operators or drivers of vehicles and their passengers, from the ruinous and extremely injurious effects of fatal or life threatening accidents and crashes. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of motorists, their passengers and pedestrians at all times.
Section 3. Definition of Terms. As used in this Act,
National Roads refers to the national primary roads which form parts of the main trunk line system and directly connect three or more major cities and metropolitan areas; as well as the national secondary roads which are roads that complement the primary roads and provide access to other major population centers. They directly link smaller cities and provincial capitals, airports, seaports, and tourist centers to the primary roads.
Vehicle refers to any motor vehicle considered as a private or public transport conveyance or common carrier duly registered with the Land Transportation Office.
Lane refers to the portion of national roads which is made to be used by different type of vehicles.
Motorcycle lane refers to the outer most lane or portion of the national roads made to be used by a two-wheel vehicle.
Regular Lane refers to all lane except the Motorcycle Lane portion of the roads, made to be used by a vehicle with a width ranging from 1.5 meters and above or a more than two-wheel vehicle.
Section 3. Implementing Rules and Regulations.
Making the outer most lane the Motorcycle Lane as a portion given to the Two-wheel Vehicle; and the Regular Lane as a portion given to more than two-wheel Vehicle.
The secretaries of Department of Public Works and Highways (DPWH) and Department of Transportation (DOTr) shall issue their office suggestion on necessary rules, orders and circulars for the effective implementation of this Act.
Section 4. Prohibited Acts. Vehicle Drivers of Motorcycle Lane and Regular vehicle Lane shall not violate the rules of this Act. Proper lane must be follow at all times; unless otherwise provided in this act.
Section 5. Penalties. Any persons violating the provision of this act shall be imposed the penalty of:
(a) For first offense, a fine in the amount of one thousand pesos (P 1,000) and a suspension of driver's license of the driver for 7 days;
(b) For second offense, a fine in the amount of two thousand five hundred pesos (P 2,500) and suspension of the driver's license of the driver 21 days;
(c)For third offense, a fine in the amount of five thousand pesos (P5, 000) and revocation of the driver's license of the driver. The person who commit a prohibited act is banned in the application of Driver’s License for 6 months.
Section 6.Offenses and Manner of Imposition. Offenses with corresponding penalties are classified into light, less grave or, grave, depending on their gravity or depravity and effects on the general public.
The following light offenses shall be punishable by paragraph (a) Section 4 of this
Act.
The minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances are present.
The following less grave offenses shall be punishable by paragraph (b) Section 4 of this Act.
The medium of the penalty shall be imposed where no mitigating and only aggravating circumstances are present.
The following grave offenses shall be punishable by paragraph (c) Section 4 of this Act.
The maximum of the penalty shall be imposed where aggravating and mitigating circumstances are present.
Section 7. Mitigating and Aggravating Circumstances. In the determination of the penalties to be imposed, mitigating and/ or aggravating circumstances attendant to the commission of the offense shall be considered.
The following circumstances shall be appreciated:
(a) Mitigating Circumstance
Physical illness;
Age
Time and place of offense;
Length of experience as a driver
Technical vehicle problem
Carrying person/s in need of urgent emergency action
First Offense
(b) Aggravating Circumstances
Habituality
Driving under influence of drugs
Driving under influence of liquor
Fraudulent means to commit or conceal the offense
Driving with revoked driver’s license
Reckless Driving
Unregistered vehicle
Other analogous circumstances
In addition to the above penalties, if the prohibited act of a vehicle rider shall result in the injury or death of any affected person or passenger, the penalty of monetary charges to be determined by the appropriate courts or Prision correccional, an imprisonment of two years and 1 day to six years shall be imposed or Reclusion perpetua where the person charged shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon..
SEC. 8. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.
SEC. 9. Repealing Clause. - All laws, decrees, executive orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a national newspaper of general circulation.
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